Perpetual Trustee Company (Limited) Amendment Act 1918 (NSW)
PERPETUAL TRUSTEE COMPANY
(LIMITED) AMENDMENT ACT.
An Act to amend the Perpetua l Trus tee Company (L imi t ed ) Act and to confer addi t ional powers upon the Perpe tua l Trus tee Company ( L i m i t e d ) ; and to val idate cer ta in act ions of
the said company. [Assented to , 10th Decem ber, 1918.]
| WHEREAS | since the passing of the Perpetual |
Trustee Company (Limited) Act, hereinafter called " the Principal Act," the said Perpetual Trustee Company (Limited), hereinafter called " the Company," has been entrusted with the administration and now administers a large number of trust estates : And whereas the company now possesses a paid-up capital of seventy-five thousand pounds of which twenty thousand pounds has long since been and now is invested in the manner provided by section six of the Principal Act : And whereas it is desirable to amend the Principal Act so as to confer upon the company additional powers and privileges to enable the company more effectually and usefully to carry out its objects and so as to validate certain actions of the company in the past : Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows : —
| Act is repealed or amended by this Act. |
1. This Act may for all purposes be cited as the:
" Perpetual Trustee Compay (Limited) Amendment
| Act, | 19 .8 . " |
2 . This Act shall be incorporated with and form
part of the Principal Act, except so far as the Principal
3 . Any person named expressly or by implication as executor who would be entitled to obtain probate of the will of any testator without leave being reserved to any other person to apply for probate may instead of himself applying for probate authorise the company to apply for administration with the said will annexed, and a grant of such administration may be made to the company upon its own application when so authorised unless the testator has by his will directed or intimated that the office of executor should not be delegated or that the company should not act in the trusts of the will.
4 . Section three of the Principal Act is amended by striking out the words " a s his or her next of k i n " after the word " i n t e s t a t e " where first used in such section.
5 . Section five of the Principal Act is amended by striking out the words "managing director, manager, or acting manager of the company," and by inserting in place thereof the words "manager , assistant manager, acting manager, or secretary, or by such other officer of the company as may from time to time be appointed by the board of directors for that purpose."6. Section seven of the Principal Act is hereby repealed.
7. (1) In all cases where any court of justice or judge thereof or person has power to appoint any person as—(a) trustee ; or (b) receiver; or
(c)
committee or manager of the estate of an insane person, insane patient, or incapable person, within the meaning of the Lunacy
Act of 1898; or (d) guardian of the estate of an infant,
the company may be so appointed.
(2) (a) Subject as hereinafter provided the company may be appointed or may continue to act as sole trustee in all cases notwithstanding that it is provided by the terms of the instrument (if any) creating the trust or of any power or otherwise that there shall be more than one trustee to perform the trust.
(b) Where the company and one or more
individuals are co-trustees, any one or more of such
individuals
individuals may retire, and the company shall for the purposes of any Act now or hereafter in force relating to the retirement of trustees and the vesting of the trust property he deemed to he equivalent to two trustees.
( 3 ) The company shall not he appointed in any
case in which the instrument creating the trust or power
forbids the appointment of the company.
(4) The company shall not be appointed or be entitled to act as sole trustee in any case in which the instrument creating the trust or power expressly provides that there shall be another trustee in addition to the company or that the company shall not be appointed or act as sole trustee.
(5) In every case in which the company is appointed or acts in any of the offices in subsection one hereof mentioned all the capital of the company, both paid and unpaid, and all other assets of the company and the directors, manager, and assistant manager thereof and their respective estates shall be liable for the proper discharge of the duties of such office.
(6) No bond, recognizance, or other security for the proper discharge of such duties shall be required to be given by or on behalf of the company.
8 . (1) In all cases where before the passing of this Act the company was appointed new trustee in place of more than one trustee previously filling the office, such appointment shall be deemed to have been and to be as valid and effectual as if this Act had then been passed.
(2) In all cases where before the passing of this Act the company upon the retirement of one or more trustees continued to act as sole trustee the company
| as sole trustee. | shall be deemed to have been and to be entitled to act |
| ( 3 ) The trustees in whose place the company was so appointed or upon whose retirement the company continued to act as sole trustee shall be deemed to have been and to be discharged from their trust. | |
| 9. (1) The company shall be capable of acquiring and holding any property in joint tenancy in the same manner as if it were an individual. | |
| (2) Where the company and an individual, or the company and another body corporate, become entitled |
to
to any property under circumstances or by virtue of any instrument which, if the company or other body cor porate had been an individual, would have created a joint tenancy they shall be entitled to the property as joint tenants.
(3) Where the company or other body corporate is a joint tenant of any property then on its dissolution the property shall devolve on the other joint tenant.
1 0 . Where any property is now or hereafter becomes
vested in the company and an individual, or in the company and another body corporate, to the intent that they should hold the same jointly in any fiduciary capa city, or as mortgagees, they shall be deemed to be joint tenants thereof and not tenants in common unless otherwise expressly provided.
1 1 . Section eight of the Principal Act is amended by striking out the words " managing director, manager, acting-manager," and by substituting therefor the words " manager, assistant manager, acting manager, or secre tary, or by such other officer of the company as may from time to time be appointed by the board of directors for that purpose."
1 2 . Section ten of the Principal Act is amended—
(a)
by striking out the word " ecclesiastical," and substituting in place thereof the words " pro- bate or equity," and
(b)
by striking out the words " managing director, manager, or acting manager, as the case may be," and by substituting in place thereof the
1 3 . Section eleven of the Principal Act is hereby words " manager, assistant manager."
repealed.
1 4 . (1) Every application under this Act to any court or judge shall be by motion.
(2 ) Subject, as hereinafter provided, notice of
the application and of the date on which the same is
intended to be made shall be advertised once—
(a)
in a daily newspaper circulating in Sydney and published at least seven days before such da te ; and
(b)
(b)
where the application is made by the executor or adminis t ra tor of any person who died a t any place in New South Wales s i tuated more than th i r ty miles from Sydney also in a newspaper c i rcula t ing in the distr ict in which t h e deceased resided at the da te of his death and publ ished within the t ime aforesaid.
(3) It shall not he necessary to advertise in any newspaper notice of any application for the appo in tment of the company as a t rus tee where all persons beneficially interested are before the court or have had notice of the intended application.
(4) The cour t or judge may in any case requi re notice to be served on any person residing in New South Wales and entitled to the immedia te receipt of the whole or part of the income or corpus of the estate in respect of which the application is made .
(5) The court or judge may order the costs and expenses of and incident to any such applicat ion to he paid or raised out of the estate in respect whereof the same is made, or out of the income thereof, or to be borne and paid in such m a n n e r and by such persons as to the court or j udge may seem jus t .
Section twelve of the Principal Act is hereby
repealed.
| 1 6. | (1) | In all cases in which the personal a t t endance |
of an executor , adminis t ra tor , t rus tee , receiver, com mit tee , or guardian is required in any court, of jus t ice or elsewhere the company shall be ent i t led to make such a t t endance in the person of the manager , assistant
| officer of the company as may from t ime to t ime be | manager , ac t ing manager , or secretary or such other |
| appoin ted by the board of directors for tha t purpose . | |
| (2) All declarat ions and all affidavits, s ta te men t s of defence, or other s ta tements required by law to be made on oath may be made and sworn on behalf of the company by the manager , assistant manager , ac t ing manager , or secretary. | |
| (3) In every case where the company obtains probate-or let ters of adminis t ra t ion or is appointed and acts as t rus tee , receiver, commit tee , or guardian , the |
L manager , manager, assistant manager, and directors in their proper persons and estates shall be individually and collectively responsible for the due administration of the estates entrusted to the company, and shall in their own proper persons be liable by process of attachment, commitment for contempt, or by other process, to all courts having jurisdiction in that behalf in the event of disobedience to the rules, orders, and decrees of such courts made against the company in the same manner and to the same extent as if such manager, assistant manager, and directors had personally obtained probate or letters of administration, and had acted as executor or administrator, trustee, receiver, committee, or guar dian, and as if the rule, order, or decree had been made against them personally instead of against the company.
(4) Notwithstanding such personal responsi bility of the said manager, assistant manager, and directors, the capital both paid and unpaid, and all other assets of the company, shall remain liable for any
loss which may be occasioned by or which may happen
through any breach of trust or duty committed by the company or any of its officers, whether such trust or duty is implied by law or expressly conferred or imposed by the instrument under which the company acts.(5) No person shall be appointed a director or manager of the company unless he is a bona tide resident of New South Wales, and any person being a director or manager of the company who ceases to reside in New South wales shall, upon so ceasing to reside, vacate his office, and such vacancy shall be filled up in the manner provided by the articles of association for
tilling casual vacancies.
1 7 . Sections fifteen, twenty, twenty-two, and
twenty-three of the Principal Act are hereby amended by striking out the words " managing director, manager, or acting manager " wherever they occur in the said sections, and by substituting in place thereof the words " manager, assistant manager, or acting manager."
1 8 . Wherever in the Principal Act the words "Primary Judge in Equity" or "Primary Judge" occur such words shall be struck out and the words "Chief Judge or Judge in Equity" substituted therefor.
1 9 . Section twenty-one of the Principal Act is amended hy striking out the words " 'IVnstee 1'elief Act of 1858," ami by sukstitnlin^ in place thereof the words '• 'IVnstee Act, 185)8."
2 0 . The Schedule to the Principal Act is amended
substituting the words "manager, assistant manager.
or act iu»' manager" in the first line thereof.
hy striking out the words " mana^ini;' director" and1
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